US v. Carlos Horne

Filing 920090226

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8269

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CARLOS DEMETRICE HORNE, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:06-cr-00108-RLW-1; 3:07-cv-00579-RLW)

Submitted:

February 19, 2009

Decided:

February 26, 2009

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Carlos Demetrice Horne, Appellant Pro Se. Olivia N. Hawkins, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Carlos Demetrice Horne seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 (2006) motion and subsequent motion to reconsider pursuant to Fed. R. Civ. P. 59. justice or The orders are not appealable unless a circuit judge issues a certificate of appealability. 28

U.S.C. § 2253(c)(1) (2006). not issue absent "a

A certificate of appealability will showing § of the denial (2006). of a A that the or

substantial 28

constitutional prisoner reasonable

right."

U.S.C. standard

2253(c)(2) by any

satisfies jurists

this would by

demonstrating assessment is of

find the

that

constitutional

claims

district

court

debatable

wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S.

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Horne has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal

certificate dispense

appealability oral argument

appeal. and

with

because

facts

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

2